Allahabad High Court
Juvinile X (Minor) vs State Of U.P. And 3 Others on 4 August, 2023
Bench: Subhash Chandra Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:156435
Court No. - 80
Case :- CRIMINAL REVISION No. - 3546 of 2022
Revisionist :- Juvinile X (Minor)
Opposite Party :- State Of U.P. And 3 Others
Counsel for Revisionist :- Sachida Nand Tiwari,Sandeep Kumar
Counsel for Opposite Party :- G.A.,Dharmendra Kumar Patel,Manoj Kumar Singh
Hon'ble Subhash Chandra Sharma,J.
Third supplementary affidavit filed by the learned counsel for the revisionist today is taken on record.
Heard learned counsel for the revisionist as well as learned counsel for the opposite party alongwith A.G.A. for the State and perused the material on record.
The present criminal revision has been preferred by the revisionist through his mother under Section 102 of the Juvenile Justice (Care and Protection) Act-2015 (hereinafter referred to as "J.J. Act, 2015) to allow the present revision and set aside the impugned judgment and order dated 25.07.2022 as well as order dated 28.06.2022 passed by the court below may be set aside and the revisionist may be allowed to be enlarged on bail in Case Crime No.230 of 2021, under Sections 376AB I.P.C. and Section 5M/6 POCSO Act, Police Station Bansi, District Siddharth Nagar and may be given custody of his parents.
It is submitted that in this case the delinquent/applicant was aged about 17 years at the time of alleged incident. Further submitted that F.I.R. was lodged u/s 354 I.P.C. for molestation but during investigation after improvement in the statement of the victim case was converted in the Section 376 I.P.C. though no any such offence was committed by the delinquent with the victim. It is also submitted that during medical examination no any external or internal injury was found to show that rape was committed with the victim. Further submitted that during trial statement of the victim has already been recorded as PW-2 in which she has not supported the prosecution version and even during her cross-examination by the learned prosecutor no any such fact was brought to show the commission of rape with her. The report submitted by the D.P.O. is also not adverse for the present delinquent even though the juvenility of the delinquent was not considered either by the J.J. Board or by the appellate court and also the provisions as contained u/s 12 of the aforesaid Act were not considered by the courts below while passing the aforesaid orders. The delinquent is in Juvenile Care Home since 20.09.2021 (i.e. about 2 years) and his psychology is being affected adversely, therefore, requested to set aside the orders passed by the J.J. Board as well as appellate court and allow the present criminal revision as the orders passed by the courts below cannot be said to be in conformity with law.
Learned counsel for the opposite party as well as learned A.G.A. opposed the prayer as aforesaid.
Considering the facts and circumstances of the case, submission made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the provisions as contained u/s 12 of Juvenile Justice Act, the report submitted by the District Probation Officer and the period present delinquent remained in child care home, it appears that Juvenile Justice Board as well as the appellate court had not considered the relevant provisions and the material on record in well manner but passed the orders without applying their judicial mind. In this way, there appears ground in this revision and the orders passed by the Juvenile Justice Board as well as learned appellate court are liable to be set aside.
Accordingly, the orders passed by Juvenile Justice Board dated 28.06.2022 and the appellate court dated 25.07.2022 are, hereby, set aside and the present criminal revision is hereby, allowed.
It is directed that delinquent/applicant be released on bail in the aforesaid case on executing person bond by the revisionist (father of the delinquent) and two sureties each in the like amount to the satisfaction of the Juvenile Justice Board concerned on following conditions :-
(i) The natural guardian/mother will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the mother will ensure that the juvenile will not repeat the offence.
(ii) The natural guardian/mother will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.
(iii) Juvenile and the natural guardian/mother will report to the Probation Officer on the first Monday of every calendar month.
(iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board concerned on such a periodical basis as the Juvenile Justice Board may determine.
Order Date :- 4.8.2023
Ashok Gupta
